Patna High Court

Pawan Kumar @ ChirkutversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner subject to specified conditions.

Summary

Pawan Kumar was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 120 litres of country-made liquor were recovered from a motorcycle. He contended that he was merely a passerby, not the owner of the vehicle, and that no incriminating material was found in his possession, despite having five prior criminal antecedents and being in custody since 14‑12‑2025. The State opposed his bail, noting the seriousness of the offence and the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Court, considering the circumstances and the period of custody, granted bail on the condition of a Rs.15,000 bond with two sureties, one of whom must be a close family member, and imposed strict attendance and future conduct conditions. The bail order was made subject to the trial court’s discretion to cancel the bond on default or repeat offence.

Issues considered

Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act considering his prior criminal antecedents and the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
Section 30(a)
criminal antecedents
surety
Bihar
Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2648 of 2026
                     Arising Out of PS. Case No.-512 Year-2025 Thana- AKBARPUR District- Nawada
                 ======================================================
                 Pawan Kumar @ Chirkut S/o Late Suresh Yadav R/o Village- Lohsinghna,
                 P.S- Akbarpur, Dist- Nawada.
                                                                       ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sheo Kumar Prasad, Advocate
                 For the Opposite Party/s :      Ms.Sangeeta Sharma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Akbarpur P.S. Case No. 512 of 2025, instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. The prosecution case, in short, is that total 120

                   liters of country made liquor was recovered from motorcycle.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. The petitioner is

                   not the owner of the vehicle rather he was passersby of the way
Patna High Court CR. MISC. No.2648 of 2026(2) dt.19-01-2026
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          and has become victim of circumstances. The petitioner is in

          custody since 14.12.2025 and has got five criminal antecedents.

          There is no compliance of Section 103 of the Bharatiya Nagarik

          Suraksha Sanhita, 2023.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case and the period of custody undergone by the

          petitioner, this Court is inclined to grant bail to the petitioner.

                       7. Let the petitioner be released on bail, after framing

          of charge, if not already framed, on furnishing bail bonds of

          Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the

          like amount each to the satisfaction of Court below/concerned

          Court in connection with Akbarpur P.S. Case No. 512 of 2025,

          subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two

          consecutive dates, the Trial Court will have liberty to cancel the

          bail bonds of the petitioner.

                       (III) If the petitioner is found involved in similar
           Patna High Court CR. MISC. No.2648 of 2026(2) dt.19-01-2026
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                     nature of offence in future, the Trial Court will have the liberty

                     to cancel the bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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